Non Breeding Contract

This Contract is entered into between HHC Miniature Australian Shepherds (hereinafter known as the BREEDER) and _____________________________ (hereinafter known as the BUYER.)

Buyers Information:

NAME:__________________________________________________________

ADDRESS_______________________________________________________

________________________________________________________________

PHONE NUMBER:________________________________________________

EMAIL:_________________________________________________________

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DESCRIPTION:

Breeder has sold to buyer the dog described below

NAME:____________________________________________________________

D.O.B:________________________SEX________________________________

Eye color(s) left_____________________right____________________________

COLOR:_________________________________________________________

MICROCHIP #______________________________________________________

SIRE:__________________________________________________________

DAM:____________________________________________________________

Terms of the agreement:

1. The Buyer

Buyer: As payment for said dog, buyer agrees to pay the breeder the sum of $1000.00

Buyer: understands that payment in full is due at the time that buyer takes possession of said dog, or prior to being shipped. If down-payment was received the amount was _______ and the remaining balance of _______ is due. Balance to be paid by cash, money order, or certified cheque made payable to Brenda Hoskins.

Buyer: Is responsible for all shipping costs including appropriate sized crate.

Buyer: Agrees to provide veterinary check up to said dog within 72 business hours after receiving said dog. If a problem arises with a written conformation from a qualified vet, buyer can elect to keep said dog and assume all cost for its care, or may return said dog for a full refund upon breeders receipt of veterinarian certificate. This provision expires 14 days, weekends included, after buyer takes possession of said dog. After the 14 days a refund will not be available but a replacement dog may be offered when a suitable dog becomes available.

Buyer: Agrees that it is their responsibility to familiarize themselves with the breed of said dog, and understand the nature of the breed and any medical conditions related to the breed

Buyer: Agrees they are obligated to provide proper socializing and training of said dog. If dog is found at any time to be untrained and not properly socialized, this seriously effects the dogs life. If the dogs life is negatively effected in the opinion of the breeder, breeder has the right to take back the dog at no charge to breeder.

Buyer: Agrees to provide a minimum of 1 puppy socialization (where available) and 1 obedience class when dog has completed puppy vaccines and before puppy reaches 8 months of age. Copy of diplomas to be sent to Breeder at time of completion and before dog reaches 8 months of age. If dog does not go to any classes and by 8 months of age and has behaviour issues that are unpleasant to the buyer and negatively effecting the dogs life in the opinion of the breeder, then the breeder has the right to reposses said dog at no charge to the breeder.

Buyer: Acknowledges that said dogs’ temperament may change with lack of proper training and discipline, or if dog is mishandles or abused.

Buyer: Agrees to provide proper nutritional requirements and to maintain a healthy lifestyle for said dog. Ensure dog lives a lifestyle suited to the breed. Breeder or veterinarian will not deem dog underweight or overweight. If this dog is deemed extremely underweight or overweight by either the veterinarian or the breeder, this is classified as abuse to the animal and grants the breeder immediate permission to repossess said dog at no cost to breeder.

Buyer: agrees that it is their responsibility to provide regular Vet care to the dog including all vaccinations and yearly boosters. Any dogs competing in sports are suggested to have bordetella yearly. Heartworm medication is also strongly recommended. For aussies the only type we recommend is INTERCEPTOR.

Anything with IVORMECTIN may kill your dog.

Buyer: agrees they are obligated to have said dog altered before it reaches 8 months of age. If this dog is not altered by 8 months of age, the breeder has the right to immediately repossess said dog and have it altered. Once altered if buyers would like said dog back they must pay the alter fee and have no other part of this contract in violation.

Buyer: will provide the Breeder with a copy of the alter certificate before dog reaches 1 year of age. If the copy has not been received by 1 year of age, then breeder has the right to repossess said dog to ensure it has been altered. If it is found not to be altered, breeder will alter said dog at buyers expense. When buyer has paid the cost of the alter, then dog will be returned to buyer at buyers expense, only if no other part of this contract is in violation. If dog is altered, then dog will be returned to buyer as soon as a copy of the certificate if presented to breeder.

Buyer: Agrees dog is not to be tied up outside for any length of time and if dog is to be tied up at all buyer MUST be outside supervising dog at all times. If it is found out that said dog is tied up outside for extended periods of time, then breeder has the right to repossess said dog at no cost to breeder.

Buyer: Agrees to have the dogs’ eyes cerf tested between the age of two and three years by a certified k9 ophthalmologist. Results to be provided to breeder by no later than the third birthday. This will ensure if dog has genetic defect, breeder will be aware of it and uphold her end of the contract within specified time-line.

Buyer: Agrees to have hips x-rayed and sent in to OFA between the age of two and three years. Results provided to breeder no later than the third birthday. This will ensure if dog has genetic defect, breeder will be aware of it and uphold her end of the contract within specified time-line.

Buyer: agrees they are obligated to use the kennel name HHC as a prefix to the dogs’ registered name in honor of the breeder of said dog. A suitable name for said dog will be provided to breeder within 7 days from date of purchase, if a suitable name is not provided to breeder with in 7 days then breeder will suitably name said dog.

Buyer: agrees to a non-breeding contract, which will be kept on file at HHC . By signing this contract buyer agrees to ensure said dog is not bred or allowed to produce a litter before they are altered.

Buyer: agrees that it is there responsibility to keep in contact with HHC about said dog for the life of the dog. This will help HHC learn strong points and weak points in the breeding program.

This also ensures dog is being cared for. Contact will include but not be limited to.

· one picture each year by either photograph or email

· any change of address or contact information

· any questions or concerns regarding a change in said dogs behavior or health

· if you feel any part of this contract needs to be altered in any way

Buyer: agrees that if for any reason they intend to dispose of or transfer ownership of said dog, they are to contact the breeder who has first rights to take back the dog at no cost. If breeder does not want to take ownership, breeder will help place dog in an appropriate new home. If said dog is found to be living with a person other than the one listed in this contract, at an address different than the one listed in this contract for the buyer, then breeder will assume dog has been placed without their knowledge and will have the right to immediately repossess said dog at no cost to breeder.

Buyer: agrees that if said dog does transfer ownership, that this contract and the non-breeding contract remain in effect and must be signed by the new owners before transfer is complete. If dog does get placed and this contract is not signed by the new owners, the breeder has the right to repossess said dog at the buyers’ expense.

Buyer: Agrees that Breeder has the right to enter onto buyers property at any time and remove said dog at no cost to breeder and with no notice to buyer if breeder has reasonable evidence that this contract is in any way being violated and neglected and the dogs best interests are not being upheld. Any evidence collected is open to the interpretation of the breeder.

Buyer: Agrees that if this contract is found to be in violation in a court of law, then breeder will be awarded the sum of $1000.00 for breach of contract and duress caused by this violation. Breeder will also be awarded custody of said dog.

2. Breeder

Breeder: Agrees to the best of her knowledge that said dog is healthy and free from disease. Is of sound body and stable temperament. Has had all the shots required for the age of the dog.

Breeder: Agrees that the dogs’ eyes have been examined by an ophthalmologist and written results are provided to buyer.

Breeder: Agrees that said dog is current on vaccinations and worming appropriate for the age of the dog at time of sale.

Breeder: Agrees that said dog comes with a Microchip, which shall be in the name of both breeder and owner for identification purposes.

Breeder: Agrees between 7-8 weeks of age dog has had a physical exam including palpitation of knees, hips, and elbows performed by qualified vet. Copy of results provided to buyer.

Breeder: Agrees that this dog is a registerable purebred dog. Registration application papers will be provided to buyer at the time when the written proof of alter has been provided to breeder and not before.

Breeder: Agrees that if for any reason said dog is not working out for the buyer, breeder will take dog back at any time in said dogs life.

If dog is returned for a non- genetic issue related to dog, then refund may be available under the following terms.

If dog is returned within 7 days of date of sale then full purchase price refund is available.

If dog is returned within 14 days of date of sale then 50% refund of purchase price is available.

If dog is returned within 21 days of date of sale then 25% refund of purchase price is available.

If dog is returned within 28 days of date of sale then 10 % refund of purchase price is available.

If dog is returned anytime after 28 days past the date of sale then no refund is available.

Any refunds issued are not due to buyer until the next litter of puppies is sold.

Breeder: Agrees that if said dog develops a genetic disorder before the age of 2 and a half, upon receipt of veterinarian documents regarding genetic disorder, buyer will be compensated. Breeder reserves the right to have a second veterinarians opinion. Genetic defects would include hip dysplasia, luxating patella’s, epilepsy, and eye disorders. Buyers choices will be as follows:

· Buyer can elect to keep said dog and assume all cost for said dog, and receive a replacement puppy when a suitable one is available, chosen by breeder.

· Buyer can elect to give said dog back to breeder and receive a replacement puppy when a suitable one is available, chosen by breeder. Buyer will assume costs for travel.

· Buyer can elect to keep said dog and assume all cost for it’s care, and receive a refund. The refund amount will depend on the genetic problem and will be determined by the breeder to a maximum of 50% of the dogs purchase price. Refund will be issued when next litter of puppies is sold. Breeder reserves the right to issue any refund payment directly to veterinary clinic caring for said dog.

· Buyer can elect to give said dog back to breeder, and receive a partial refund of the purchase price to a maximum of 50% of the purchase price. Refund will be given when said dog is resold and will be the resale price to a maximum of 50% of the purchase price. If dog is not able to be resold, then breeder will pay buyer 25% of purchase price when next litter of puppies is sold.

Buyer will assume costs for travel.

Breeder accepts all liability for safety if dog is flying. Should dog perish, breeder will replace the dog with one of equal value when one is available, minus shipping cost and replacement dog will not be flown. It will be the responsibility of the buyer to arrange to transport the dog by alternate means such as picking it up.

Breeder: Agrees to keep in contact with buyer and offer any help and advice possible regarding said dog. Breeder will notify buyer if anything relating to health and temperament of parents or siblings of said dog seem to change.

Breeder: Agrees that if there is any concern about the dogs well-being and the upholding of this and other contracts by buyer, that reasonable effort will be made to deal with the situation in a civilized fashion in person or by phone, email or postal service. Every effort will be made to resolve the situation before removing the dog from buyers home. Removal of dog will be a last resort if breach of contract cannot be resolved to breeders satisfaction or if dogs safety is in immediate jeopardy as interpreted by the breeder.

Breeder: Agrees that in the unlikely event the dog is to be removed from the buyers property by the breeder that buyer will not be held liable for any accidental harm to breeder occurring on buyers property.

Breeder: Agrees that in the unlikely event the dog is to be removed from the buyers property by the breeder, that reasonable effort will be made to have a third party accompany the breeder onto the property such as but not limited to, an officer of the law, SPCA, Humane Society, etc.

This contract is being put in place for the welfare of not only the dog being sold but also for the reputation of the Breeder(s) involved.

Although there are no plans at present to discontinue the breeding program, the above guarantees are only valid as long as HHC are breeding said dogs. If for any reason breeder is no longer breeding said dogs, breeders part of the contract becomes null and void. However for the safety and well being of the dog, all agreements on behalf of the buyer will remain valid for the life span of said dog.

This agreement is mutually stipulated to have been entered into, Simcoe County, Barrie, Ontario, Canada, regardless of the place where it is signed. The buyer and breeder agree that the proper venue for any legal action taken to enforce the terms and conditions of this agreement shall be in the county of the breeders residence and that this agreement shall be interpreted in accordance with the laws of the province of Ontario. In the event that legal action is taken to enforce the terms of this agreement, the prevailing party shall be entitled to an award of attorneys’ fees and costs. This contract is binding in the province of Ontario and is non-transferable unless agreed by both parties.

BUYER_________________________ Date______________________

BREEDER_______________________Date___________________